The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015

8.—(1) In regulation 19 (notification and evidential requirements relating to the adopter) of the Pay Regulations as they apply to an intended parent or a parental order parent, it shall read as if—

(a) in paragraph (1)(a), the words “paragraphs (2) and (3)(a)” read “paragraphs (2) and (3)(za), (a)”;

(b) in paragraph (1)(b), the words “if C is not placed for adoption by that time, as soon as reasonably practicable after the placement of C” were “if C is not born by that time, as soon as reasonably practicable after the birth of C”;

(c) before sub-paragraph (3)(a), there was inserted—

“(za) unless the condition in paragraph (5) or (6) is satisfied, a parental statutory declaration by A;”;

(d) paragraph (3)(b) was substituted by—

“(b) the expected week of birth of C;”;

(e) paragraph (3)(c) was substituted by—

“(c) C’s date of birth;”;

(f) before paragraph (4)(a), there was inserted—

“(za) a copy of C’s birth certificate or, if one has not been issued, a written declaration signed by A which states that it has not been issued;

(zb) unless provided as a result of the condition in paragraph (5) being satisfied, a parental statutory declaration;”;

(g) paragraph (4)(a) did not apply;

(h) after paragraph (4), there was inserted—

“(5) The condition referred to in paragraph 3(za) and (4)(zb) is that A has given the employer(1) who will be liable to pay statutory shared parental pay (adoption) to A a statutory declaration as evidence of A’s entitlement to statutory adoption pay in respect of C in accordance with regulation 24 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002(2).

(6) The condition referred to in paragraph 3(za) is that A is a parental order parent and has given the employer a copy of the order in respect of C made under section 54(1) of the Human Fertilisation and Embryology Act 2008.”.

(1)

“Employer” is construed in accordance with section 167ZZ7(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(2)

S.R. 2002 No. 378; regulation 24 is modified as it applies to intended and parental order parents by S.R. 2015 No. 92; there are other amendments but none are relevant.